Most Discussed

Samsung invokes Kubrick's 2001 as prior art vs. Apple

updated 02:45 pm EDT, Tue August 23, 2011

by MacNN Staff

Argues that tablet concept extends back decades

Samsung is using Stanley Kubrick's 2001: A Space Odyssey as an example of prior art in defense against Apple, notes FOSS Patents. Apple is hoping to score a preliminary injunction against several Samsung products in the United States, including the Galaxy Tab 10.1. Samsung points out, though, that something resembling Apple's definition of its tablet extends as far back as 2001, which was released in 1968.

"Attached hereto as Exhibit D is a true and correct copy of a still image taken from Stanley Kubrick's 1968 film '2001: A Space Odyssey'," a Samsung declaration reads. "In a clip from that film lasting about one minute, two astronauts are eating and at the same time using personal tablet computers. The clip can be downloaded online at http://www.youtube.com/watch?v=JQ8pQVDyaLo. As with the design claimed by the D'889 Patent, the tablet disclosed in the clip has an overall rectangular shape with a dominant display screen, narrow borders, a predominately flat front surface, a flat back surface (which is evident because the tablets are lying flat on the table's surface), and a thin form factor."

Although citing a famous film as prior art is unusual and not Samsung's only defense, it may serve to show that the ideas behind the iPad are not unique to Apple and in fact have a long precedence in popular culture. Writers have often commented that the iPad resembles a science-fiction device, such as the tablets used in the Star Trek TV shows.

TAGS

TOTAL_COMMENTS Comments

I once heard Isaac Asimov answer a question about why he didn't patent the calculator (someone uses one in Foundation). He pointed out that he merely wrote about it, he had no idea how it would work - he said to that day he suspected there was a highly intelligent cockroach running around the insides wit the numbers.

What if their design *exactly* matches the Kubrick design of 1968. What then? How will you claim it copies Apple at that point?

Look, Samsung hasn't copied iOS - it runs Android. Apple didn't invent a slate of glass. They just didn't.
Samsung does have to start with square one, and the Kubrick point - does make sure that the judge understands that much.

Now, did Samsung do a little mimickry of Apple - i think maybe they did - in which case they are fixing to pay for that - but Apple' want's a very sweeping case against Android, and frankly, they just don't have a leg to stand on for that.

But will Samsung specifically have to modify their design - slightly - yes.
I think maybe they will.

I think where Apple might actually win be able to overturn this is if they can either get someone to prove that those units were later edited to look real (most likely - as in Star Trek - they were just cardboard props) or if they can prove that the technology that runs these wasn't even available in 1969. h***, there are tons of things that we can dream up and 100 years from now they actually invent... but... that doesn't mean that it would ever serve as prior art. I think Samsung is scraping the bottom of the barrel.

Actually, the "IBM Tele Pads" as seen in "2001" were miniature rear-projection screens built into the set. Movie projectors showing the appropriate images were placed behind each one. The same technique was used for all computer monitors and displays in the movie, for easier frame synchronization while filming.

You'll notice that Bowman and Poole never move their supposedly portable Tele Pads. Now you know why.

But seriously, if Samsung is reaching this far, they'll get laughed out of court.

love the Moses comment... but science fiction was bananas back in the 1930s and if that was a reason for PRIOR art, very few things would be patentable. I imagine the judge will ask some probing questions such as "did this thing in the Kubrik film actually work?" Of course the answer, as stated above, is NO.
Jonathan-Tanya, why don't you get a job with Samsung as defense counsel. They've shown no genius, neither have you, so you guys are made for each other.
I'll give Samsung an A for trying really hard, but the Three Stooges could have done better than this one!

If the judge accepts this clip as evidence, imagine how many patent disputes will arise because of prior art from science fiction movies. God the precedence would have far reaching impact. Not a chance Samsung. Just pay up and start innovating.

I feel sorry for anyone that might happen to invent something like a transporter or a faster-than-light drive. According to Samsung, there's plenty of prior art so they'd never be able to patent those.

Login Here

Now AAPL Stock: 114.19 ( + 2.07 )

Cirrus creates Lightning-headphone dev kit

Apple supplier Cirrus Logic has introduced a MFi-compliant new development kit for companies interested in using Cirrus' chips to create Lightning-based headphones, which -- regardless of whether rumors about Apple dropping the analog headphone jack in its iPhone this fall -- can offer advantages to music-loving iOS device users. The kit mentions some of the advantages of an all-digital headset or headphone connector, including higher-bitrate support, a more customizable experience, and support for power and data transfer into headphone hardware. Several companies already make Lightning headphones, and Apple has supported the concept since June 2014. http://bit.ly/29giiZj

Share

Developer162d

Apple Store app offers Procreate Pocket

The Apple Store app for iPhone, which periodically rewards users with free app gifts, is now offering the iPhone "Pocket" version of drawing app Procreate for those who have the free Apple Store app until July 28. Users who have redeemed the offer by navigating to the "Stores" tab of the app and swiping past the "iPhone Upgrade Program" banner to the "Procreate" banner have noted that only the limited Pocket (iPhone) version of the app is available free, even if the Apple Store app is installed and the offer redeemed on an iPad. The Pocket version currently sells for $3 on the iOS App Store. [32.4MB]

Share

162d

Porsche adds CarPlay to 2017 Panamera

Porsche has added a fifth model of vehicle to its CarPlay-supported lineup, announcing that the 2017 Panamera -- which will arrive in the US in January -- will include Apple's infotainment technology, and be seen on a giant 12.3-inch touchscreen as part of an all-new Porsche Communication Management system. The luxury sedan starts at $99,900 for the 4S model, and scales up to the Panamera Turbo, which sells for $146,900. Other vehicles that currently support CarPlay include the 2016 911 and the 2017 models of Macan, 718 Boxster, and 718 Cayman. The company did not mention support for Google's corresponding Android Auto in its announcement. http://bit.ly/295ZQ94

Share

Industry162d

Apple employees testing wheelchair features

New features included in the forthcoming watchOS 3 are being tested by Apple retail store employees, including a new activity-tracking feature that has been designed with wheelchair users in mind. The move is slightly unusual in that, while retail employees have previously been used to test pre-release versions of OS X and iOS, this marks the first time they've been included in the otherwise developer-only watchOS betas. The company is said to have gone to great lengths to modify the activity tracker for wheelchair users, including changing the "time to stand" notification to "time to roll" and including two wheelchair-centric workout apps. http://bit.ly/2955JDa

Share

Troubleshooting163d

SanDisk reveals two 256GB microSDXC cards

SanDisk has introduced two 256GB microSDXC cards. Arriving in August for $150, the Ultra microSDXC UHS-I Premium Edition card offers transfer speeds of up to 95MB/s for reading data. The Extreme microSDXC UHS-I card can read at a fast 100MB/s and write at up to 90MB/s, and will be shipping sometime in the fourth quarter for $200. http://bit.ly/294Q1If

Share

Upgrades/storage163d

Apple's third-quarter results due July 26

Apple has advised it will be issuing its third-quarter results on July 26, with a conference call to answer investor and analyst queries about the earnings set to take place later that day. The stream of the call will go live at 2pm PT (5pm ET) via Apple's investor site, with the results themselves expected to be released roughly 30 minutes before the call commences. Apple's guidance for the quarter put revenue at between $41 billion and $43 billion. http://apple.co/1oi1Pbm

Share

Investor164d

Twitter stickers slowly roll out to users

Twitter has introduced "stickers," allowing users to add extra graphical elements to their photos before uploading them to the micro-blogging service. A library of hundreds of accessories, props, and emoji will be available to use as stickers, which can be resized, rotated, and placed anywhere on the photograph. Images with stickers will also become searchable with viewers able to select a sticker to see how others use the same graphic in their own posts. Twitter advises stickers will be rolling out to users over the next few weeks, and will work on both the mobile apps and through the browser. http://bit.ly/29bbwUE